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STATE v. SMITH

No. S-12-966.

834 N.W.2d 799 (2013)

286 Neb. 77

STATE of Nebraska, Appellee, v. Samuel Q. SMITH, Appellant.

Supreme Court of Nebraska.

Filed June 14, 2013.

Attorney(s) appearing for the Case

Samuel Q. Smith, pro se.

Jon Bruning , Attorney General, and Kimberly A. Klein for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, McCORMACK, MILLER-LERMAN, and CASSEL, JJ.

Wright, J.

I. NATURE OF CASE

Samuel Q. Smith appeals from the district court's denial of his motion for postconviction relief without an evidentiary hearing. The court determined the action was barred by Neb. Rev. Stat. § 29-3001(4) (Cum. Supp. 2012). We affirm.

II. SCOPE OF REVIEW

Statutory interpretation presents a question of law, which we review independently of the lower court's determination. Watkins v. Watkins,

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